Minnesota

Bill S.F. 2647 (2005-2006)

Introduction
This bill exempts objecting pharmacists from providing or referring for
a drug to which they object for reasons of conscience, but imposes a
number of conditions beyond those required in the companion bill in the
house (HF3032). Note, among other
things, that the bill gives priority to the economic interests of the
pharmacy over the freedom of conscience of the pharmacist.
[Administrator]

1st Engrossment
84th Legislative Session (2005-2006)

A bill for an act relating to health; prohibiting a pharmacist from
refusing to dispense a prescription drug or device except under certain
circumstances; proposing coding for new law in Minnesota Statutes, chapter
151.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. [151.415] PROHIBITION AGAINST REFUSING TO DISPENSE A LEGEND
DRUG OR DEVICE.

Subdivision 1. Prohibition.

(a) No pharmacist shall refuse to dispense or obstruct a patient in
obtaining a legend drug or device that has been legally prescribed or
ordered for that patient. A violation of this section constitutes
unprofessional conduct by the pharmacist and shall subject the pharmacist to
disciplinary action by the Board of Pharmacy.

(b) Notwithstanding any other provision of law, a pharmacist shall
dispense drugs and devices pursuant to a lawful order or prescription unless
one of the following circumstances exists:

(1) based solely on the pharmacist's professional
training and judgment, dispensing the drug or device pursuant to the
prescription or order would adversely affect the known medical condition of
the patient for whom the prescription or order was prescribed due to
therapeutic duplications, drug-disease contraindications, drug interactions,
including serious interactions with other prescription and over-the-counter
medications, incorrect dosage or duration of drug treatment, drug allergy
interactions, or drug abuse or misuse;

(2) the legend drug or device is not in stock. If an
order or prescription cannot be dispensed because the drug or device is not
in stock, the pharmacist shall take one of the following actions:

(i) immediately notify the patient and arrange for
the drug or device to be delivered to the site or directly to the patient in
a timely manner;

(ii) promptly transfer the prescription to another
pharmacy known to stock the drug or device that is near enough to the site
from which the prescription or order is transferred to ensure the patient
has timely access to the drug or device; or

(iii) return the prescription to the patient and
refer the patient to a pharmacy that stocks the prescribed drug or device to
ensure that the patient has timely access to the drug or device; or

(3) the pharmacist refuses on sincerely held
religious beliefs as defined in United States Code, title 42, section
2000e(j), to dispense a drug or device pursuant to an order or prescription.
A pharmacist may object to dispensing a drug or device on this basis only if
the pharmacist's objection can be reasonably accommodated by the same
pharmacy without imposing an undue hardship on the patient or the employer
and the pharmacy has established protocols that ensure that the patient has
timely access to the prescribed drug or device by the same pharmacy despite
the pharmacist's refusal to dispense the order or prescription. A pharmacy
may require employees and prospective employees to notify the pharmacy in
writing of the categories or types of prescriptions that the pharmacist
refuses to dispense due to one of the above-stated grounds. In determining
whether reasonable accommodation can be made without imposing an undue
hardship on the patient or the employer, the following factors may be
considered:

(i) whether the proposed accommodation ensures that
the patient has timely access to the drug or device as dictated by the
patient's needs or known medical condition;

(ii) the employer's financial costs in implementing
the accommodation; and

(iii) the potential impact on the pharmacy's
reputation or good will in the community due to failure to provide timely
prescription services.

Subd. 2. Payment limitation. This section imposes no duty on a pharmacist
to dispense a drug or device pursuant to a prescription or order without
payment for the drug or device, including payment directly by the patient or
through a third-party payer accepted by the pharmacist or payment of any
required co-payment by the patient.